Prospects for States to pass Constitutional Carry in 2023

Alabama passed their Constitutional Carry bill or (permitless carry) in 2022. The bill does not go into effect until January 1, 2023. This correspondent considers Alabama's Constitutional Carry to have been established in 2022. Including Alabama, there are 25 states, half the states in the Union, which have Constitutional (permitless) carry laws in effect.

Constitutional Carry is considered to be when no government permit is required to carry a handgun, concealed or openly, in most public spaces.

In 2023, there are two prime candidates to pass Constitutional Carry bills. They are Florida and Nebraska.

Governor Ron DeSantis in Florida, has repeatedly said he will see a Constitutional Carry bill passed while he is governor. After his resounding success in re-election, and the election of large Republican majorities in the Florida legislature, this appears to be plausible. Over the last several years, Constitutional Carry bills have been kept from passage by the Republican leadership.  Governor DeSantis has changed the equation of power in the Republican party in Florida.

At a press conference on at about 21:00 on the video, Governor DeSantis is asked if he is going to pass Constitutional Carry on your own. The Governor says he has been willing, and the Republicans have had a majority the whole time. Then he asks the new House Speaker, Paul Renner: "Are you going to do it?" and Renner replies: "Yes." With Governor DeSantis and the new Speaker of the House on board, it will be the Florida Senate as a possible stumbling block. If Florida passes Constitutional Carry, two of the three most populous states will belong to the Constitutional Carry club.

In 2022, Nebraska came very close to passing Constitutional Carry.  The stumbling block has always been senators from districts in Omaha and Lincoln. Legislative procedures are unique to Nebraska, which is the only state with a unicameral (single bodied) legislature among the United States. Nebraska is almost surrounded by Constitutional Carry states, with just a fraction of its borders touching Colorado. Nebraska Senator Brewer, who has been a significant force pushing for passage of Constitutional Carry. Senator Brew thinks just enough changes happened in the 2022 election to pass the bill in 2023. From klkntv.com:

Sen. Tom Brewer said that includes his gun rights bill, which would bring permitless concealed carry to Nebraska.

The proposal fell just two votes short of the 33 needed to overcome a filibuster last legislative session.

Brewer said in a column last week that November’s election made the
Nebraska Legislature slightly more conservative, so there are finally
enough votes to advance several priorities.

Other possibilities:

Louisiana is a strong contender to pass Constitutional Carry, but is unlikely to do so while Bel Edwards is governor.

In 2021, Louisiana passed a Constitutional Carry bill by veto proof margins in the House and and Senate, on 27 May.  Democrat Governor Bel Edwards vetoed the bill, as he promised he would. Governor Edwards is term limited in 2023, and a new Governor may sign a Constitutional Carry bill, or refrain from vetoing one.

Wisconsin has legislative majorities to pass a Constitutional Carry bill, but such a bill would be vetoed by Democrat Governor Evers. Pennsylvania is in a similar position to Wisconsin.

South Carolina will have a Constitutional Carry bill introduced in 2023. South Carolina now has open carry, which has not caused any problems this correspondent has found in recent searches. This is the typical experience. South Carolina might pass Constitutional Carry, but it is uncertain at this time.

In general, the Supreme Court's decision in Bruen adds to the push for the restoration of Constitutional Carry in the states. The protection provided by the Second Amendment of the Right to Keep and Bear Arms, is now clear law from the Supreme Court.

 

©2022 by Dean Weingarten: Permission to share is granted when this notice and link are included.

Gun Watch